Eaton Power Xpert 9395P-1100/1100 Installation And Operation Manual

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expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with anybreach of this Agreement.5.12 Open Source Software. The Firmware may contain certain components owned by Eaton thatare provided with, incorporated into, linked to, or embedded in the Firmware that are subject to thirdparty open source licenses (“Eaton Open Source Components”). Eaton OpenSource Components aresubject to the open source licenses corresponding to the particular software component. To theextent there are any conflicts between the terms of this Agreement and any open source licensecorresponding to Eaton Open Source Components or additional obligations by such open sourceslicense that are not set forth in this Agreement, the terms of the open source license will control.5.13 Confidentiality. Licensee acknowledges that confidential aspects of the Firmware (including anyproprietary source code) are a trade secret of Eaton, the disclosure of which would cause substantialharm to Eaton that could not be remedied by the payment of damages alone and such confidentialaspects of the Firmware shall not be disclosed to third parties without the prior written consent ofEaton. Accordingly, Eaton will be entitled to preliminary and permanent injunctive and other equitablerelief for any breach of this Section 5.13.5.14 Note on JAVA Support. The Firmware may contain support for programs written in JAVA.JAVA technology is not fault tolerant and is not designed, manufactured, or intended for use or resaleas online control equipment in hazardous environments requiring fail-safe performance, such as in theoperation of nuclear facilities, aircraft navigation or communications systems, air traffic control, directlife support machines, or weapons systems, in which the failure of JAVA technology could leaddirectly to death, personal injury, or severe physical or environmental damage. EATON DISCLAIMSALL DAMAGES INCLUDING DIRECT, INDIRECT AND CONSEQUENTIAL DAMAGES RELATING TOTHE FAILURE OF ANY SOFTWARE INCLUDING JAVA PROGRAMS AND/OR JAVA TECHNOLOGY.5.15 Governing Law. This Agreement will be interpreted and enforced in accordance with the laws ofIreland, without regard to choice of law principles. Any claim or suit with respect to this Agreementshall be brought in the Courts of Ireland, unless mandatory law imposes otherwise.